The Slants Win Supreme Court Battle Over Offensive Trademarks

Portland group win years-long battle to register name, on First Amendment grounds

Anthony Pidgeon

Simon Tam has won an ongoing legal battle to register the name of his all-Asian-American dance-rock group, the Slants, as a trademark, the New York Times reports. For years, the Portland, Oregon band had been stymied by a federal law that, the U.S. Patent and Trademark Office said, blocks the government from approving trademarks that may “disparage” people. The case eventually made it all the way to the U.S. Supreme Court, which agreed in September to hear the case. The justices heard oral arguments on January 18, and today, the Supreme Court unanimously ruled that disparaging trademarks should be permitted, because the First Amendment “protects even hurtful speech.” The Slants say they want to adopt and reform the disparaging term.

This decision has implications for a high-profile trademark case involving the Washington Redskins. The team’s trade claim was canceled in 2014 and is still pending in federal court. The decision is likely to improve the Redskins’ chances of retaining their trademark.

In January, after the Supreme Court’s oral hearing, the Slants released a new EP, The Band Who Must Not Be Named. The band has also announced an extensive U.S. tour. Find those dates here.